Apex Services NE Ltd – Terms and Conditions of Sale
Revision: 24 January 2020
In these Conditions, the following words shall have the following meaning.
1.1 ‘The Company’ means Apex Services NE Ltd Company Number 12218820 t/a Apex Services, whose business premises are at 143 Princesway North, Team Valley, Gateshead, Tyne & Wear, NE11 0TU and Hedley House, Meadowfield Industrial Estate, Ponteland, NE20 9SD, referred to throughout this document as the ‘Company’, ‘we,’ or ‘Apex’
1.2 ‘Customer’ means the person or organisation placing an order with the Company, and referred to throughout this document as the ‘Customer’.
1.3 ‘Goods’ means those goods referred to as ‘materials’ which are supplied and/or installed in accordance with the Customer’s order.
1.4 ‘Labour’ means the work carried out by the Company’s employees, or authorised contractors in accordance with the Customer’s order.
1.5 ‘Services’ means those services carried out by the Company’s employees, or authorised contractors, in accordance with the Customer’s order.
1.6 ‘Contract’ means the Contract for the supply of Goods or Services formed by the Company’s acceptance of the Customer’s order.
1.7 ‘VAT’ means Value Added Tax at the current prevailing rate.
1.8 ‘Building Regulations’ means UK Building Regulations in force at the time stated on these Terms & Conditions.
1.9 ‘Cooling off period’ means a period of time that must pass before an agreement becomes final by law.
2.0 Formation of Contract
2.1 The Customer requests to purchase and have installed, and we agree to supply and install, materials and/or services as specified in the form of this Contract.
2.2 This Contract includes the terms of the contract and no representations, warranties, statements, or undertakings, whether oral or written, shall form part of the contract and no purported variations of these Conditions shall have any legal effect unless the same shall be in writing and signed by an authorised employee of the Company and attached hereto.
2.3 All goods and services sold by the Company are sold subject to these Conditions which shall govern the contract to the exclusion of any other terms and shall be the sole terms and conditions of any sale by the Company to the Customer.
3.0 Ordering, Acceptance of Contract, and Right to Cancel
3.1 Acceptance by the Company of the Customer’s contract is in all cases subject to the availability of Goods for delivery and installation, and the correct price payable being stated on the contract.
3.2 APEX supplies a range of products and services. Some of those products are made to measure to the Customer’s specific requirements and some aren’t. The nature of the products ordered directly affects the rights to cancel the order under the Consumers Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, hereafter referred to as ‘Regulations’.
3.3 All orders for the installation of windows, conservatory frames, glazed units, door sets, warm roofs, roof trusses, structural steels and any other made to measure materials are uniquely and dimensionally specific to the Customer’s property.
3.3.1 The materials are individually manufactured to the Customer’s requirements for the stated property and cannot be re-processed or credited by the Company, therefore you will be required to pay for any goods or services supplied, if the performance of this Contract has begun with your written agreement, before the end of the cancellation period.
3.3.2 However, APEX will honour your right to cancel the Contract for made to measure products, without charge, up to 7 (seven) calendar days following the date you sign providing the manufacturing process hasn’t commenced.
3.4 An order to supply any product which is not manufactured to your specific requirements can be cancelled under the above regulations (para 3.2).
3.4.1 This might include, but not be limited to, gutters, downpipes, fascias, soffits, cladding, roof tiles, insulation, plasterboard, paint, electrical fittings and other such “off the shelf” materials.
You have the right to cancel the Contract up to 14 (fourteen) calendar days after you sign the Contract. If you cancel we will collect any material and/or product already delivered but not installed, and we reserve the right to charge you any reasonable costs we have incurred up to the point of your cancellation. This might include scaffolding, surveying, administration, cost of collection and/or anything already installed at the point of cancellation.
3.4.2 The charges are only applicable where the Customer has made a written ’express’ request for the work to commence within the 14 day cooling off period.
3.5 Following any survey which reveals significant unforeseen additional work being required at extra cost to you, or your property is found to be unsafe or unsuitable for the work to be carried out, we have the right to cancel the Contract.
The survey would be carried out at a time and date agreed by both you and us, but no later than 14 (fourteen) days after the signing of the contract.
3.6 You or we are entitled to cancel this Contract in the event of any repudiatory breach of contract by you or us. For example, but not limited to, refusal to comply with Building Regulations, or refusal by us to carry out a reasonably required correction of defects.
3.7 Your right of cancellation referred to above can be exercised by delivering or sending a cancellation notice to our office within the time periods indicated. These time periods refer to the 14 day cooling off period and/or the 7 day cancellation period.
3.8 The cancellation may be addressed to Apex Services, Hedley House, Meadowfield Industrial Estate, Ponteland, NE20 9SD, or by email to email@example.com
3.9 The notice of cancellation is deemed to be served as soon as it is posted or sent to Apex Services, or in the case of email or fax, from the day it is received by Apex Services.
3.10 In the event of no agreement being achieved, refer to the APEX Complaints Procedure. (see para 14)
3.11 In case of doubt, the Company reserves the right to consult third party expert opinion.
4.0 Variation to Contract
4.1 During the course of the project, there may be extra unforeseen work required, or the Customer may request extra work. In this case, we shall supply a written ‘Variation to Contract’ quote before continuing.
4.2 Some older properties for example may or may not have lintels built in above existing windows and/or doorways. (A lintel is defined as a structural horizontal steel, timber, or concrete bar that spans the space or opening between two vertical supports) see also para 3.5.
4.2.1 As the presence of a lintel is sometimes difficult to verify at the sales or survey process, occasionally we don’t find this to be the case until existing windows or doors are removed.
4.2.2 In this situation, we are legally required under the term of our FENSA membership to install an approved lintel solution. It is NOT an option for us to leave the installation as we found it.
4.2.3 Other common unforeseen issues may include ground condition uncovered during the excavation, damaged or insufficient existing foundations, damaged floor joists and any other covered materials that present an issue once exposed
4.2.4 There is also the potential of the customer changing the specification once the project has started. In many cases a minor change to specification does not affect the project however any alteration must be assessed and documented with a written ‘Variation to Contract’ and quoted if necessary before continuing.
5.0 Price of Goods
5.1 The price payable for the Goods shall be as stated by the Company on the Contract.
5.2 The Company reserves the right by giving notice in writing to the Customer at any time before delivery to increase the price for the Goods to reflect any increase in cost to the Company which is beyond the control of the Company.
5.3 Net cost, vat payable, and gross price will be shown on the Contract.
6.1 Delivery dates quoted to the Customer are given in good faith based on information supplied to us from suppliers. The Company cannot be held responsible where promised delivery dates cannot be achieved due to circumstances beyond the control of the Company.
6.2 The estimated project period is listed in either weeks or days and the proposed start date is stated on the contract. Where this changes for any reason, we will inform you.
7.1 Specifications of the Goods to be supplied are offered by the Company in the belief that they are as accurate as stated in the manufacturer’s brochure, however manufacturer’s reserve the right to modify or improve their product without prior notice. The Company cannot be held responsible in this situation.
7.2 The Company will not accept liability for minor imperfections in products which are within the published manufacturing tolerances of the supplier.
7.3 Where timber is used to complete an external installation, it is the responsibility of the Customer to apply the protective finish. The Company accepts no responsibility for any material not so protected.
7.4 In line with Company policy of continual improvement, we reserve the right to change specification, but not diminish the quality of the Goods supplied.
8.0 Dimensional Survey
8.1 All projects are subject to a dimensional survey where the Customer agrees to allow a representative of the Company reasonable access to the property to carry out the survey within a period of 14 working days from the date of Contract, unless there are valid and reasonable reasons otherwise.
8.2 For Supply-only Contracts, it is the responsibility of the Customer to ensure that:-
9.1 It is agreed that the following procedure shall take place in regards to completion of the Services.
The Customer and the Company will use their reasonable endeavours to arrange a mutually convenient time to begin the works.
Any proposed date for the works to commence must give one weeks’ notice to both parties unless both parties agree or if there are circumstances beyond the control of the Company that result in the Company not being able to provide one weeks’ notice.
9.3 If the Customer is unwilling to agree to a reasonable date for the works to commence within 10 days of the originally proposed start date, then the company reserves the right to begin another project and a new proposed start date will need to be agreed.
9.4 If the Company is unable to agree to a reasonable new proposed start date then the Customer may send a written request to the Company that they should start the project by a certain date (but no sooner than 6 weeks from the date of such request).
9.5 If the project has not been started within the timescales provided under such request, then:
The Customer may terminate the Contract to the extent of the Services that have not yet been completed. Following termination under this clause, the Company is still entitled to charge for Services completed under the Contract;
If the Customer has paid any monies for Goods that have not been installed as part of the Services, then the Company will refund this to the Customer;
The Company may invoice the Customer for any Services carried out up until the point of termination under this clause 9.5 for immediate payment.
9.6 In the event of no agreement being achieved, refer to Company Complaints procedure. (see para 13)
9.7 Unless specifically requested otherwise, we will remove and dispose of all replaced materials such as but not limited to windows, doors, kitchen units, roof tiles, carpets and any other materials that have been removed during the project
9.8 The Company will be liable for any damage caused to your property which was not necessary for the completion of the Contract, and such damage was caused by us not exercising reasonable care and skill.
9.9 The Company will not accept any liability for making ‘good’ or ‘matching’ any existing interior or exterior finishes where original materials are no longer available in the market.
9.10 The contract price does not include repair and/or replacement of any wood or brickwork found to be defective during the course of carrying out the work, unless such work forms part of the Contract.
9.11 Such additional work as is necessary will be settled by separate agreed transaction (if the Customer so wishes) between the Customer and the Company.
9.12 The Company will select appropriate sub-contract tradesmen from the APEX Approved Supplier List to carry out any ancillary work required as part of this Contract.
9.13 The Customer is responsible for removing and/or covering all household furnishings and effects from the immediate vicinity of the work. The Company will not be held responsible for any breakage or damage where these precautions have not been taken.
9.14 The Company requests the Customer to make available reasonable use of water and toilet facilities, plus any electrical power requirements necessary to carry out the works.
9.15 The Company has a legal obligation to pre-assess the working site for Health & Safety requirements. We request the Customer to refrain from smoking while in the same vicinity as our workmen.
10.1 The following payment terms are required:
10.2 A sales invoice detailing goods supplied, and/or services rendered, will be presented to the Customer with a due date within 7 days of the completion date or 7 days before the due date of the next staged payment.
10.3 When the Customer is satisfied the project has been properly carried out in accordance with the terms of the Contract, payment of the total purchase price as stated on the sales invoice together with VAT at the prevailing standard rate shall be made by the Customer.
10.4 Payment can be made by bank transfer, credit/debit card, cash, or cheque made payable to ‘Apex Services NE LTD’
10.5 A receipt will be issued if requested by the Customer and the invoice which is available online will be updated to reflect the payment.
11.0 Ownership of Goods
11.1 The Company shall retain title and ownership of any goods which have not yet been fixed to the Customer’s property until payment has been received in full.
11.2 Even though title has not passed, the Company shall be entitled to sue for the price of the Goods and/or Services once payment becomes overdue.
11.3 Until such time as all monies outstanding to the Company have been paid, the Company reserves the right to remove any units or materials in the event of any account remaining unpaid.
11.4 The Customer must not resell or part with possession of any Goods owned by the Company until the Customer has paid in full all sums owed to the Company under the Contract or any other contract between the Company and the Customer.
12.0 Registration, Warranties, Product Quality, and Liabilities
12.1 The Company’s membership of HIP (Home Improvement Protection Scheme) allows the company to provide, free of charge, an insurance backed 10 year warranty on all works undertaken.
12.2 The Company’s membership of FENSA entitles Apex Services to discharge its legal obligations by notifying and self-certifying applicable glazing installations are in compliance with appropriate Building Regulations.
12.3 You must notify us of any claim under the terms of this guarantee within 28 days of discovery of the fault, preferably by sending us a letter quoting original fitting date and your APEX Contract number.
12.4 Despite the fact that your statutory rights remain unaffected, this guarantee does NOT extend to:
a) minor glass imperfections outside the scope of the visual quality standards of the Glass and Glazing Federation .(copy available on request)
b) damage due to misuse, neglect, or lack of maintenance by you or previous owners where property has changed ownership, or from causes beyond the control of the Company, for example – fire, flooding, civil disturbance, criminal damage, or acts of war.
c) any work carried out by tradesmen not appointed by APEX.
d) internal condensation caused by excess moisture in the domestic environment, nor external condensation which can occur in certain seasonal climatic conditions.
e) door and window latching and locking mechanisms are subject to everyday wear and tear during the course of the guarantee period and it is reasonable to expect that some adjustment may be necessary during that period. Wear and tear is not considered as either a labour or material fault, and we reserve the right to charge for any adjustments necessary after one year from installation date.
12.5 In the event of a dispute about the nature of any defective materials or poor workmanship, the Company reserves the right to consult third party/independent expert opinion.
12.6 Nothing in these conditions will reduce your statutory rights relating to faulty or misdescribed goods and services. For further information about your statutory rights contact your Local Authority Trading Standards Service, or Citizens Advice consumer service.
13.0 Customer Complaints
13.1 Where a Customer considers they have cause to complain regarding any aspect of their dealings with this Company, they should in the first instance contact the office in writing either by post or by email.
13.2 Where we cannot resolve any complaints using our own complaints procedure, the next step is to use the dispute resolution ombudsman. Please visit their website for more details:- http://www.disputeresolutionombudsman.org/
14.0 Legal Framework
14.1 These terms and Conditions will be implemented in accordance with The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 effective from 13 June 2014 and Consumer Rights Act 2015.
14.2 The construction, validity, and performance of the Contract shall be governed by English law and by entering into the Contract the parties submit to the jurisdiction of the English courts.
15.1 These Terms and Conditions are in accordance with guidelines published on gov.uk.
15.2 These Terms & Conditions can be supplied in Braille, large type, by request to the Company.
15.3 The Company reserves the right to update these terms and conditions without notice.
15.4 The current version can be found on our website at: www.Apex-ne.co.uk/construction-terms